GE Mortgages Solutions Ltd v Dimitrov

[2014] QDC 12

DISTRICT COURT OF QUEENSLAND

CITATION:

GE Mortgages Solutions Ltd v Dimitrov & Anor [2014] QDC 12

PARTIES:

GE MORTGAGE SOLUTIONS LIMITED
ACN 070 797 894
(plaintiff)

v

VANW DIMITROV
(first defendant)

and

DIANNE JOYCE DIMITROV
(second defendant)

FILE NO/S:

2762/13

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

30 January 2014

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Reid DCJ

ORDER:

1.   Personal service of the claim and statement of claim no 2762 of 2013 on the first defendant be dispensed with.

2. Pursuant to r 116 of the Uniform Civil Procedure Rules 1999 (Qld), the claim and statement of claim no 2762 of 2013 as well as the order for substituted service granted by this honourable court and reasons for judgment of his Honour Judge Reid of 30 January 2014 be served on the first defendant by:

(a)      sending a copy of the said documents by prepaid ordinary post addressed to the first defendant at 72 Andrew Street, Bundamba, Queensland, 4304; and

(b)      sending a copy of the said documents by prepaid ordinary post addressed to the first defendant, care of Mr Greg Ploetz, M A Kent and Associates;

(c)      by sending via SMS text to mobile telephone numbers 0418-727345 and 0408-016865 a text message advising that documents have been posted to him at 72 Andrew Street, Bundamba and care of Mr Greg Ploetz of M A Kent and Associates, which documents relate to a claim by GE Mortgage Solutions Limited.

CATCHWORDS:

COUNSEL:

SOLICITORS:

1. In this matter the applicant is the plaintiff in an action to recover possession of land and for recovery of a debt said to be due and owing pursuant to a loan agreement and associated mortgage.  To date only the second defendant has been served.  The application is for an order that personal service on the first defendant be dispensed with and for orders for substituted service.

1. The applicant proposes that the matter be determined without oral hearing pursuant to Part 6 of Chapter 12 of the Uniform Civil Procedure Rules (“UCPR”). It has complied with the necessary requirements of the rules in respect of making such orders, and it is in my view clearly appropriate that the matter be so determined.

1. An affidavit of Jelena Milacic filed on 15 January 2014 attests to the attempts that have been made to serve the first defendant. 

1. In my view it is clear that it is impractical to serve the claim and statement of claim on the first defendant personally, as he appears to be clearly evading service.  Furthermore, the material persuades me that the documents will come to the first defendant’s attention if the following steps are taken:

1.          The claim and statement of claim no 2762 of 2013, as well as the order for substituted service and copy of these reasons, be served on the first defendant–

(a)        by sending a copy of the said documents by prepaid ordinary post addressed to the first defendant at 72 Andrew Street, Bundamba, Queensland, 4034;

(b)        by sending a copy of the said documents by prepaid ordinary post addressed to the first defendant, care of Mr Greg Ploetz of M A Kent and Associates;

(c)        by sending via SMS text to mobile telephone numbers 0418727345 and 0408016865 a text message advising that documents have been posted to him at 72 Andrew Street, Bundamba, and care of Mr Greg Ploetx of M A Kent and Associates in relation to a claim by GE Mortgage Solutions Limited.

1. In the circumstances I make orders in those terms.  In the absence of submissions from the first defendant, I will reserve costs at this stage.